Privacy

NextPerformance is serious about protecting the privacy of our users. Our aim is to help online advertisers and publishers to serve highly relevant and personalised adverts to potential clients, avoiding the waste and irritation of unfocused advertising. Nextperf adheres to the Internet Advertising Bureau (“IAB”) Europe’s Good Practise Principals for Online Behavioural Advertising as well as the European Interactive Digital Advertising Alliance’s (“EDAA”) principles. You can learn more and opt out of behavioural advertising from the Internet Advertising Bureau.

Unsuscribing

You can choose to stop receiving Nextperf advertising at any time, by simply clicking on the unsubscribe link below. You will then be excluded from internet users who see our advertising banners and this will apply for as long as you do not return to one of our partner sellers. Click on the following link:

If you have clicked on the unsubscribe button and refreshed your web page (F5), you should now see a plain banner below in the Nextperf colours.

Unregister

If you no longer wish to receive personalised advertising, click on the button below to unregister by using the IAB system “Your online choices”.

If you wish to find out more about behavioural advertising and privacy, please visit “Your Online Choices”.

You should enable cookies in your browser, to allow Nextperf to identify you as an unsubscribed user. If you delete this cookie, you will have to repeat the unsubscribe process. If you have disabled cookies in your browser, the unregister cookie will not be installed. Moreover, if you have several computers or several internet browsers, you will need to unregister each of them separately.

You will see content in the banner below if you have visited a website of one of our clients, who displays banners to internet users, with content adapted according to their visit to the eCommerce site, (if you have not been on an eCommerce partner site, you will see a plain banner in the Nextperf colours).

Why are these dynamic banners targeted at me?

Nextperf works with several e-commerce operators. They aim to adapt their advertising messages to clients’ and potential clients’ visits.

In this context, Nextperf offers advertising banners that take account of the products you have viewed, sites you have visited and the products/services that our clients would like to feature.

What is the benefit for me as an internet user?

These adverts are adapted to suit your interest areas as expressed through your recent online browsing activity. Thus, they may offer response to your search by presenting suitable products and targeted offers.

Is my personal information secure?

This new form of personalised advertising maintains respect for privacy and personal information – Nextperf does not collect any personal data (age, address, email, etc.).

The information collected by Nextperf when you navigate through sites is 100% anonymous.

How does the data collection work?

Nextperf only records the pages and products visited. This data can be accessed in a (anonymous) cookie that is saved on your computer during your browsing session.

What Kind of Data is Collected by Nextperf, and How is it Used?

Nextperf use browser cookies on the domains nxtck.com and linksynergy.com to collect anonymous data about the website of our clients and your interactions with the Nextperf ads. Those information are non-personally identifiable and not combined with any personally identifiable data. They are delivered anonymously and securely to our partners (ad networks) to deliver more relevant ads.

How can you contact Nextperf ?

If you have any questions about our privacy policy, security, or general privacy practices, you can contact us at our Headquarter :

Nextperf
25 rue de Choiseul
75002 Paris
You can also get in touch with our support department by sending an email to : support@nextperformance.com
We will reply in 5 working days.

Terms and Conditions

1. ADVERTISEMENT ORDER FORM – SPECIFICATIONS.

NEXT PERFORMANCE can insert the advertiser’s advertising on the NEXT PERFORMANCE NETWORK.
“NEXT PERFORMANCE NETWORK” network contains advertising spaces on websites, and paid services, belonging to or exploited by NEXT PERFORMANCE or NEXT PERFORMANCE partners; and they are accessible through various devices linked to Internet.

2. ACCESS TO THE ACCOUNT – MODIFICATIONS.

NEXT PERFORMANCE may allow the Advertiser to access the NEXT PERFORMANCE NETWORK website (the “Website”).
The Advertiser may use the available functionalities on the website for his account management. The Advertiser promises to protect all passwords associated with his account(s) and will be held responsible for any use of these accounts under his password.
Modification Requests take effect when the Advertiser receives the e-mail confirmation from NEXT PERFORMANCE.
However, Next Performance promises to respect the state of the art when it comes to all systems’ security protection.

3. CANCELLATION.

Each party may terminate the present Contract, at any time, with a fourteen (14) day notice addressed in writing to the opposing party, except if otherwise mentioned in the advertising order form.
The Advertiser will pay NEXT PERFORMANCE all amounts owed until the effective date of termination.
NEXT PERFORMANCE may terminate the present Contract with immediate effect in case of a serious breach of the present terms by the Advertiser; in this case the Advertiser will immediately have to pay NEXT PERFORMANCE the remaining amount owed.

4. DATA.

The Advertiser understands and agrees that NEXT PERFORMANCE collects online behavior data which are used for statistical optimizations.

5. RESPONSIBILITY CONCERNING ADVERTISING.

The Advertiser represents and warrants to NEXT PERFORMANCE that the Advertising complies with all laws and applicable regulations and that he is authorized to publish, and authorizes NEXT PERFORMANCE to publish in his name and for his account, the following Advertising.
If an agency (“Agency”) concludes the present Contract in the name and on behalf of the Advertiser, the Agency declares and also guarantees (i) being the duly authorized representative for the Advertiser and (ii) that the Advertiser made no serious breach of the contract concluded with the Agency therefore that the Advertiser owes no amount in this respect.
The Advertiser promises to guarantee NEXT PERFORMANCE against any damage, responsibility and expense (including the lawyer fees and advice, within the limits of a reasonable amount) following any claim, action or court process founded on Advertising.

6. COOKIES REGULATIONS.

The Advertiser represents and warrants to NEXT PERFORMANCE that he will fulfill all the obligations laid down by the legislation under the Article II-32 of the law n ° 78-17 of 6 January 1978 amended by Ordinance No. 2011-1012 of 24 August 2011 on electronic communications. The Advertiser should ensure of the information to users and should collect their agreement before implementing and/or using cookies or any other tracer. The Advertiser should also inform users of the means at their disposal to refuse or to configure all or a part of cookies or tracers. The Advertiser agrees to indemnify NEXT PERFORMANCE against any damage, liability and expenses (including attorneys’ fees and advice, within a reasonable amount) resulting from any claim or action based on failure regarding compliance with applicable regulations about cookies.

7. TERMS OF PAYMENT – REPORTS.

The Advertiser will undertake the payment of all sums which will be invoiced to him within 30 days according to the NEXT PERFORMANCE billing date, except if otherwise mentioned in the Advertising Order Form. In case of non-payment within the terms mentioned above, NEXT PERFORMANCE will be able to apply penalties for late payment which will include statutory interest rate starting
at the issuing date of the invoice and reimbursement of court and out-of-court expenses incurred.
NEXT PERFORMANCE will give the Advertiser access to an online reporting tool for the duration of the present Contract. Reports generated by NEXT PERFORMANCE will constitute the base for the invoicing as mentioned in the present contract. NEXT PERFORMANCE will be able to use, data collected by the advert broadcasting technology used as part of the service provision to the Advertiser in the present Contract.

8. GUARANTEE EXCLUSION – RESPONSIBILITY LIMITATIONS.

EXCEPT Particular conditions, NEXT PERFORMANCE EXCLUDES, BY THE PRESENT CONTRACT, ANY GUARANTEES AND EXPRESS, IMPLICIT, OR RELATIVE STATEMENTS. EXCEPTED AS REGARDS TO THE AMOUNTS OWED IN ACCORDANCE WITH ARTICLE 3 AND ARTICLE

6 OR IN CASE OF A CONTRACT BREACH IN ACCORDANCE WITH ARTICLE 3, NONE OF THE PARTIES WILL BE HELD RESPONSIBLE FOR THE OPPOSITE’S PARTY’S INDIRECT , INCIDENTAL, SECONDARY, EXEMPLARY DAMAGE (NOTABLY, ANY LOSS OF PROFITS, ACTIVITY INTERRUPTION, ACCESS LOSS OR NOT AUTHORISED ACCESS TO INFORMATION).
THE RESPONSIBILITY OF NEXT PERFORMANCE REGARDING THE ADVERTISER WILL BE LIMITED TO THE AMOUNTS PAYED TO NEXT PERFORMANCE AS MENTIONED IN THE PRESENT CONTRACT.

9. CONFIDENTIAL INFORMATION.

The information which one of the parts discloses to the other one and that carries the “confidential” mention or, considering circumstances, must reasonably be treated as confidential will have to be treated as confidential by the receiving party. The Advertiser is forbidden to publish a media release or to write a public press release about the present Contract or the relationship established by this Contract without prior and written consent from NEXT PERFORMANCE.
However, NEXT PERFORMANCE will be able to refer, for information purposes, to the Advertiser’s participation in the NEXT PERFORMANCE advertising network, in media releases, without the Advertiser’s agreement.

10. VARIOUS STIPULATIONS. The present Contract is governed by French laws without giving effect to dispositions governing conflicts of laws.

The Advertiser and the Agency (if necessary) admit that any litigation relating to the present Contract will be subject to the exclusive jurisdiction of the Paris courts, France, and promise to refer no dispute following this present contract to any other court.

The present Contract will be opposable and will benefit to the successors and the legal claimants of the parties. The present Contract constitutes the entirety of agreements between parties concerning the object of the present contract and cancels and replaces all present or previous agreements or communications.
The present Contract does not constitute an offer from NEXT PERFORMANCE and will take effect from the signature date by both parts.